Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AND CONTAINS A DISPUTE RESOLUTION CLAUSE. BY UTILIZING WWW.EMMYSBEST.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Emmy’s Best Pet Products, LLC ("EB") offers a e-commerce site which allows users of www.emmysbest.com (“EBPP User”, “You” or “Your”) the ability to purchase pet-related products (“EBPP Products”) via a website or mobile application (collectively the “EBPP Platform”). EBPP periodically updates features and adds new ones depending on market conditions and other factors.
These Terms and Conditions relate to the use of the EBPP Platform and the EBPP Products. By accessing the EBPP Platform and/or utilizing the EBPP Products, You agree to be bound by these Terms and Conditions. In the event that EBPP updates these Terms and Conditions, your use of the EBPP Platform/EBPP Products following the update shall be deemed as your acceptance of, and you will be bound by, the updated Terms and Conditions. The latest version of these Terms and Conditions will be posted online at www.emmysbest.com.
1. Content. You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the EBPP Platform are the sole responsibility of the person or organization from whom such Content originated. You also understand that EBPP does not control and is not responsible for Content made available through the EBPP Platform, and that by using the EBPP Platform, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, the EBPP Platform and Content made available through the EBPP Platform may contain links to other web sites that are completely independent of EB. EBPP makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will EBPP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the EBPP Platform. You understand and agree that any uploading or posting will be at your sole risk and EBPP Platform shall not be responsible to you in any way. Further, EBPP Platform does not provide any warranty as to your use of third-party content or software that you obtain from the EBPP Platform. You are also fully responsible for any Content you post on the EBPP Platform and to the consequences of any such Content. Although EBPP does not claim ownership of Content that its users post, by posting Content to the EBPP Platform, you automatically grant, and you represent and warrant that you have the right to grant, to EBPP an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that EB, in its sole discretion, may delete any Content for any reason.
2. Intellectual Property and Software. Title to the intellectual property rights owned or otherwise utilized by EBPP and/or EB’s affiliated entities, including, but not limited to its patents, patent applications, processes, registered and common law trademarks, service marks, trade names, trade dress, symbols, slogans, emblems, logos, insignias, copyrights, trade secrets and combinations of the foregoing will always remain the property of EB. All of the information contained in the EBPP Platform is the property of EBPP and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The EBPP Products and these Terms and Conditions relate only to access to the EBPP Platform and You are not granted a license to any software under these Terms and Conditions.
3. EBPP User Representations. By utilizing the EBPP Products You hereby represent, acknowledge and agree that:
(i) The EBPP Products are to be used only for providing You the ability to offer the services listed within these Terms and Conditions and may not be used for any other purpose;
(ii) The EBPP Products will not be linked, compiled or otherwise combined with any other programs;
(iii) While utilizing the EBPP Products, You or Your organization will be listed as the sender and You will not impersonate any other person or organization;
(iv) You will not modify, rent, release, lend, sublicense or otherwise redistribute the EBPP Products, in whole or in part, to any other person or entity;
(v) You will not create or permit others to create, by reverse engineering or otherwise, services similar to those offered by EBPP or any part thereof;
(vi) The EBPP Products will be used in compliance with the CAN-SPAM Act of 2003, will only be used for lawful purposes and You will not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising) in connection with the EBPP Products;
(vii) While utilizing the EBPP Products, you will not send any content or any other text, pictures, sound, graphics, video and other data or any other materials that are listed in the Prohibited Content section of these Terms and Conditions;
(viii) You will not interfere with or disrupt the EBPP Platform, EB’s servers or EB’s networks connected to the EBPP Platform or any other website connected with your use of the EBPP Products; and
4. Product Deliver/Return Policy. The EBPP Products are delivered through a shipment contract. The risk of loss for any EBPP Products passes to you upon delivery to the carrier. You are responsible to file any claims directly with the carrier in the event the EBPP Products are lost, stolen or damaged. We will use the shipping address you provide upon your order. You may return all unopened and originally sealed EBPP Products within thirty (30) days of your purchase for any reason. We will not accept any returns for opened EBPP Products. We will only provide a refund after our receipt and inspection of the returned EBPP Product(s). If, in our sole discretion, we determine that the EBPP Products have been opened, unsealed or in any way tampered with, we will not issue a refund. For purposes of these Terms and Conditions, the date of your purchase shall be deemed the date we ship the product. We will not reimburse you for any shipping costs for shipping the product to you or for the return of the product.
5. Consult with a Veterinarian. Any information on the EBPP Website is for informational purposes only. In no way shall the information contained on the EBPP Website be deemed a substitute for obtaining a veterinarian’s advice on a particular issue and should not be considered veterinary advice in diagnosing or treating a health-related issue or disease. The EBPP Website does not recommend management and/or diagnosis relating to any particular disease or treatment of your pet. Never disregard or delay veterinary advice based upon the information you receive from the EBPP Website. You should consult with a veterinarian about interactions with the EBPP Products and any other products. The products sold through and claims made on the EBPP Website have not been evaluated by any government agency and are not approved to diagnose, treat, cure or prevent disease. Always check the product label and packaging prior to use. EBPP does not warrant the truth or accuracy of any information provided on the EBPP Website by any third party, including product reviews, or on any third party links located on the EBPP Website or otherwise.
6. Prohibited Content. The EBPP Products may not be used in connection with any person and/or organization that:
(i) Promotes any products/services in connection with illegal goods; illegal drugs; illegal drug contraband; drug paraphernalia; pornography or illicitly sexual services;
escort services; dating services; pirated computer programs; illegal firearms; instructions on how to assemble or otherwise make bombs, grenades or other weapons; gambling; and/or promoting violence of any kind;
(ii) Utilizes any material that exploits children, or otherwise exploits children under 18 years of age;
(iii) Utilizes any material that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
(iv) Utilizes any material that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; and
(x) Utilizes any material that contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
7. EB’s Anti-Spam Policy. While utilizing the EBPP Platform, You agree to refrain from: (i) sending any transmissions to any person or entity without receiving the prior consent of the person or entity; (ii) sending any unsolicited transmissions; and (iii) sending any transmissions to any person or entity who expresses their/its desire to discontinue receiving any communications. Any unauthorized use of EB’s computer systems is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), and, as such, may subject the sender and his or her agents to civil and criminal penalties.
8. Usernames and Passwords. You will be responsible for any and all transactions that take place by a user who gains access to the EBPP Platform and/or Your EBPP Products account utilizing your user name and password. EBPP will accept the instructions of any individual who claims to be authorized to direct changes to your account if that individual presents Your username and password or provides other accurate account information acceptable to EB, in its sole discretion. EBPP will not be responsible for the actions of any individuals who wrongfully gain access to your customer information utilizing your username and password or who otherwise wrongfully gain access to your account. In the event you become aware of any unauthorized use of Your account, You agree to notify EBPP immediately.
9. Promotions. You will have the option of opting in to receive special promotional items. Any EBPP promotions received as a result of your opt-in may not be redeemed for a cash equivalent or credit. The promotions may be terminated, canceled, changed, suspended or modified in EB’s sole and absolute discretion. EBPP may terminate, cancel, change, suspend or modify your participation in promotional program in the event you breach any of the covenants of these Terms and Conditions. Any decision made by EBPP shall be final and binding on all parties. Some of our promotional programs and special events may require additional payment.
10. Termination by EB/Reservation of Rights. EBPP does not pre-screen any individuals nor organizations or the Content provided by said individuals/organizations. However, EBPP reserves the right (but undertakes no duty) to do so and decide whether any person, organization or information utilized in connection with Your use of the EBPP Platform is appropriate and/or complies with these Terms and Conditions, violates any law(s), violates any agreements between EBPP and any third party and/or is otherwise inappropriate in EB’s sole discretion. EBPP may refuse to send any communication and/or terminate access to the EBPP Platform for posting or publishing any material in violation of these Terms and Conditions, violation of any law(s), violates any agreements between EBPP and any third party and/or is otherwise inappropriate for transmission in EB’s sole discretion, at any time and without prior notice. The determination of any violation shall be made by EBPP in its sole and absolute discretion. If EBPP terminates Your access to the EBPP Platform, EBPP may, in its sole and absolute discretion, remove and destroy any data and files stored by You on EB’s servers. EBPP expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the EBPP Platform and the EBPP Products, without notice, when EBPP deems it necessary, in its sole and absolute discretion.
11. Indemnification. You hereby agree to indemnify EB, and its members, shareholders, officers, directors, employees, business partners, third-party suppliers and providers, licensors, distributors and agents and hold them harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by EBPP as a result of any claim made by a third party in connection with the EBPP Products. You shall defend at Your sole expense any such action and shall pay any costs, damages, settlement awards and attorneys' fees finally awarded against EBPP in such action which are directly attributable to such claim. By utilizing the EBPP Products, You hereby grant to EBPP a non-exclusive royalty-free, worldwide license to reproduce, distribute, store, transmit, publicly perform, publicly display, digitally perform, reproduce, and otherwise use the content You provide to EBPP in connection with the EBPP Products.
12. Warranty. EBPP does not warrant that the operation of the EBPP Platform or the EBPP Products will be uninterrupted or error-free, or that the EBPP Platform or EBPP Products will be immune from fraudulent intrusion and/or unauthorized use or disclosure. EBPP does not make any claims or warranties as to the results that may be obtained from utilizing the EBPP Products. You assume all responsibility for assuring the proper and lawful use of the EBPP Platform and EBPP Products and all liability for any improper or unlawful use of the EBPP Products and EBPP Platform. You assume all liability, which may arise in connection with any person or entity's use of the EBPP Products and EBPP Platform. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, EBPP OFFERS THE EBPP PRODUCTS AND THE EBPP PLATFORM “AS IS” WITH NO WARRANTIES OF ANY KIND. EBPP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF EBPP AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Limitations of Liability. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT: (i) NEITHER EB, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR AGENTS WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES, FOR LOSS OF DATA OR RELEASE OF ANY DATA TO THIRD PARTIES; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF EB, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) EB'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM YOU UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14. Remedies/Disclosure of Information. Notwithstanding anything in these Terms and Conditions to the contrary, all provisions of these Terms and Conditions will be specifically enforceable, and EBPP will be entitled to, in addition to other available remedies, an injunction or other equitable relief for breach of any provision of these Terms and Conditions. In addition, You acknowledge and agree that EBPP has the right to seek damages, including, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, when the EBPP Products are utilized in violation of these Terms and Conditions. In the event that EBPP is required to respond to a third party or law enforcement subpoena that is related to your use of the EBPP Products, EBPP may require You to reimburse EBPP for its reasonable expenses associated with complying with such subpoena. Any provision of these Terms and Conditions that, by its nature should survive termination, will survive termination, including, without limitation, those concerning intellectual property, ownership, warranty, disclaimers and limitations of liability. EBPP may disclose any and all information it receives from You in the event (i) it is required by law; (ii) to protect and defend the rights of EBPP and/or any person or entity affiliated with EB; or (iii) incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event.
15. Miscellaneous. You and EBPP shall for all purposes be independent contractors. Under no circumstances shall either party be deemed, as a result of this Agreement, an employee, agent or representative of the other party, and neither party shall have authority to incur any obligations or make any representations, warranties or guaranties on behalf of the other. EBPP may assign its rights to any payments under these Terms and Conditions to one or more other persons/entities without your prior written consent. In the event that one or more of the provisions contained in these Terms and Conditions shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions contained in these Terms and Conditions, and such other provisions shall be given effect in accordance with the manifest intent hereof. These Terms and Conditions set forth the entire agreement and understanding between the parties as to the subject matter hereof and supersedes and merges all prior oral and written agreements, discussions and understandings between you and EB. All notices to be given to EBPP in connection with this Agreement shall be in writing and shall be sufficient if sent by certified or registered mail, return receipt requested with postage prepaid, addressed to Emmy’s Best Pet Products, LLC, 825 Watters Creek Boulevard, Building M, Suite 250, Allen, Texas 75013, with a copy to: The Internicola Law Firm, P.C., Attn: Brian A. Lincer, Esq., 1000 South Avenue, Staten Island, New York 10314, or at such other address hereafter made known to the other party. All notices to EBPP User may be effectuated by e-mail message at any e-mail address previously provided to EBPP by EBPP User. EBPP User shall, at all times, maintain a valid e-mail address to receive system notifications, for billing purposes and other system alerts from EB. Any notice given as provided in this Agreement shall be deemed to have been given on the date of receipt by the party for which it is intended. Section headings are for purposes of convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of New York and United States federal law, to the extent applicable, irrespective of the principal place of business, residence or domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. Any suit brought to enforce obligations hereunder shall only be brought in the courts, whether State or Federal, sitting in the County of New York, City and State of New York.
By accessing the EBPP Platform and/or utilizing the EBPP Services You agree and represent that (i) You have read and understand all of the provisions in these Terms and Conditions; (ii) that you are at least 18 years of age; and (iii) all of the information that You have provided to EBPP is true and accurate. In addition, by accessing the EBPP Platform and/or utilizing the EBPP Services, You authorize Emmy’s Best Pet Products, LLC to charge the amount due to Emmy’s Best Pet Products, LLC on the credit card provided by you.
If you have any questions, or if you require any additional information concerning these Terms and Conditions or the EBPP Platform, please contact EBPP by email at firstname.lastname@example.org.
Copyright ©2017, Emmy’s Best Pet Products, LLC All Rights Reserved.
EBPP TAC. Version.2019.08.27